Uganda Passes Anti-Homosexuality Law

Originally published in The UCC Express March 7 2014

On Monday, February 24th Ugandan President Yoweri Museveni signed into law an anti-homosexuality bill that essentially removed rights and protections for homosexuals in the deeply conservative country. Although homosexuality was already illegal in Uganda, the new law calls for life imprisonment terms for having gay sex, seven years for “attempting to commit homosexuality”, and up to seven years in prison for speaking about homosexuality without condemning it. The law is the product of almost five years of intense anti-homosexuality campaigning by the Ugandan government and has been condemned internationally, with several countries threatening to withdraw aid donations to a nation that requires outside help to survive. Regardless, both the Ugandan President and the parliament have defied their Western critics, believing that passing the hateful law to be worth the risk of losing face and aid internationally.

The law itself is horrifying, but just as horrifying is the domestic support that it receives. A 2013 survey by the United States’ think tank Pew Research, shows that upward of 96% of Ugandans are against homosexuality. Uganda is deeply conservative, and deeply religious. 84% of Ugandans are Christian, and Pew’s research also showed a direct correlation between religiosity and a disapproval of homosexuality. The illegality of homosexuality in Uganda is one of the many hangovers of British colonialism in Uganda — it only became an independent nation in 1962 and since then has endured years of civil war and widespread unrest. Its human rights abuses extend much deeper than criminalising homosexuality. The country is extremely poor and its citizens enjoy little personal freedoms. Its President is essentially a dictator, holding power since 1986 and long suspected of corruption. A 2012 survey on corruption by Transparency International placed Uganda at 130 — scoring 29 out of 100. By comparison, Denmark, placed at number 1 and the least corrupt country, scored 91.

The day after the bill was signed into law, a Ugandan tabloid newspaper, The Red Pepper, published a list of what it called the “200 Top Homosexuals,” a list attempting to out prominent figures in the country. A shameful attack on gay people in itself, but even more so when one considers the real physical danger gay people now find themselves in after Monday’s law passage. In 2010 a similar list was published in another tabloid along with names and addresses of people the newspaper asserted to be gay. David Kato, a prominent gay rights activist and likely Uganda’s first openly gay man, was subsequently murdered.

The bill has been knocking around parliament since 2009, when it was first tabled by MP David Bahati. Originally, it called for the death penalty for those who took part in “aggravated” homosexual acts, such as those with HIV and repeat “offenders”. After review, and under intense international pressure, this was reduced to life imprisonment. In early 2010, Barack Obama described the bill as “odious,” an opinion that was echoed by leaders across the western world who also threatened to cut financial aid to the third world country. Now that the law has been passed, this is likely to become a reality. Even in the face of financial repercussions, President Museveni has been defiant, describing the west’s threat as an attempt at “social imperialism.” Unfortunately, Western threats in the face of this abhorrent law could arguably bolster its credibility among Ugandans. In a country where over nine out of ten people are anti-homosexual, it is unlikely that Museveni would ever bow to international pressure as it could damage his legitimacy domestically.

Regardless, the new law is a major setback for gay rights in East Africa. There is a fear among human rights organisations that the law could legitimise witch hunts against members of the LGBT community. Those who suspect someone of homosexual activity are required to report it to the authorities within twenty-hours. Furthermore, it is now illegal to even speak about homosexuality without condemning it, leaving the prospect of equal and fair debate on the issue an impossibility.

The world is increasingly learning to accept same-sex relationships. Countries such as the United States, Great Britain and Ireland are increasingly taking important steps afford to members of the LGBT community civil rights. Next year, Ireland will hold a referendum on the issue of same-sex marriage. A recent survey suggests that 76% of Irish citizens are in favour of such a proposal. If the referendum passes, Ireland will become the nineteenth country worldwide to afford this right to the LGBT community. Yet in East Africa and Uganda in particular, the trend is going the other way. Western countries’ threat to deny economic aid on the back of the anti-homosexuality law won’t change the fact that Ugandans overwhelmingly support the law. Education on the issue is the only true answer. In a nation ravaged by poverty, corruption and where eleven is the median age of school-leavers, it is unlikely that public opinion on homosexuality will change soon.